[2000 Code § 30-1]
This chapter shall be known and cited as the "Land Development
Regulations of the City of Asbury Park."
[2000 Code § 30-2]
This chapter is enacted by the authority vested in the City
Council of the City of Asbury Park pursuant to the enabling law of
the State of New Jersey and after proper notice and public hearing
pertaining thereto.
[2000 Code § 30-3]
The purpose of this chapter is as follows:
a.
To plan and guide the appropriate use or development of all land
in a manner which will promote the public health, safety, morals,
and general welfare.
b.
To secure safety from fire, flood, panic and other natural and man-made
disasters.
c.
To provide adequate light, air and open space.
d.
To ensure that land development does not conflict with the development
and general welfare of neighboring municipalities, the County and
the State as a whole.
e.
To promote the establishment of appropriate population densities
and concentrations that will contribute to the wellbeing of persons,
maintenance of the character of neighborhoods, preservation of the
environment and quality of life.
f.
To encourage the appropriate and efficient expenditures of public
funds by the coordination of public development with land use policies.
g.
To provide sufficient space in appropriate locations for a variety
of residential, recreational, commercial and industrial uses and open
space, both public and private, according to their respective environmental
requirements.
h.
To encourage the location and design of transportation routes which
will promote the free flow of traffic while discouraging the location
of such facilities and routes which will result in congestion or blight.
i.
To promote a desirable visual environment through creative development
techniques and good civic design and arrangements.
j.
To promote the conservation of open space and valuable natural resources
and to prevent urban sprawl and degradation of the environment through
improper use of land.
k.
To encourage planned developments which incorporate the best features
of design and relate the type, design and layout of residential, commercial,
industrial and recreational development to the particular site.
l.
To encourage senior citizen community housing construction consistent
with provisions permitting other residential uses of a similar density
in the same zoning district.
m.
To encourage coordination of various public and private procedures
and activities shaping land development with a view of lessening the
cost of such development and to the more efficient use of land.
n.
To regulate the location of buildings and establish standards of
development; to establish building lines and the location of buildings
designed for residential, commercial, industrial, office or other
uses within such lines and to fix reasonable standards to which buildings
or structures shall conform.
o.
To prohibit uses, buildings or structures which are incompatible
with the character of development of the permitted uses within specified
zoning districts and surrounding areas.
p.
To regulate alterations of existing buildings; to prevent such additions
to, and alterations or remodeling of existing buildings or structures
which would not comply with the restrictions and limitations imposed
hereunder.
q.
To conserve the value of land and buildings throughout the City.
r.
Within the community's resources, to meet the future housing needs
of the citizens of the City and the region and to assure a full range
of housing types to meet all income levels.
s.
To promote controlled redevelopment within the community in order
to provide a sound economic base.
[2000 Code § 30-5]
The provisions of this chapter set forth minimum requirements
for promotion of the health, safety and public welfare; and whenever
the requirements of this chapter are at variance with the requirements
of any other lawfully adopted rules, regulations, or ordinances, the
most restrictive, or that imposing the higher standards, shall govern.
All ordinances or parts thereof inconsistent with the provisions of
this chapter are hereby repealed as to such inconsistency.
[2000 Code § 30-6; New]
This chapter is intended to effect the standards for land uses
and densities set forth in the redevelopment plans and other elements
or sub-elements of the Asbury Park Master Plan as amended. Upon adoption
of or amendment of a Land Use Plan Element or Housing Plan Element
of the Master Plan, this chapter shall be amended, if necessary, so
as to conform to such Master Plan Elements. This chapter may be revised
or modified by the City Council in accordance with the procedures
set forth in the Statutes.
[2000 Code §§ 30-7.1 through 7.4; amended 12-27-2018 by Ord. No.
2018-39]
No building or structure may be erected or altered nor may any
building or structure or parcel of land become occupied, or the use
therein changed until a zoning permit or certificate of resolution
compliance is obtained from the Zoning Officer.
Application for a zoning permit or certificate of resolution
compliance must be made at the time of application for a construction
permit or a mercantile license.
Should a construction permit or mercantile license not be required,
the zoning permit or certificate of resolution compliance must be
obtained prior to the new occupancy or new use of a building or property.
A fee of $20 will be charged for each certificate of resolution
compliance. Such fee will be payable at the time of application. The
certificate will be issued only after an inspection is made by the
Director of Planning and Redevelopment or their designee to confirm
compliance with this chapter. This certificate shall not be provided
until all known outstanding municipal or Board invoices related to
the project are paid.
[2000 Code § 30-8]
Should any portion of this chapter be held invalid, the holding
shall not affect the validity of remaining portions of this chapter.
If a section of this chapter is held invalid in one (1) or more of
its applications, this section shall remain in effect in all valid
applications that are severable from the invalid application.
[Ord. No. 2639]
a.
Any variance or exception granted by the Zoning Board of Adjustment
of the City of Asbury Park shall be deemed expired if no construction,
alteration, or conversion has been commenced within one (1) year from
the date of granting of the variance, subject to the limitations set
forth herein.
b.
The time limitation on the exercise of the variance or the exception
shall be tolled if the developer or property owner is barred or prevented
directly or indirectly from proceeding with the development otherwise
permitted, if the developer is otherwise ready, willing and able to
proceed with said development, for the following reasons, (N.J.S.A.
40:55D-21):
1.
By a legal action instituted by any State, agency, political subdivision
or other party to protect the public health and welfare; or
2.
By a directive or order issued by any State agency, political subdivision
or Court of competent jurisdiction to protect the public health or
welfare.
In the event that either of the conditions set forth above are
met, the running of the period of approval of the variance or exception
shall be suspended for the period of time said legal action is pending
or such directive or order is in effect.
In that instance, it shall be the obligation of the developer
or property owner to notify the Zoning Officer and the City of Asbury
Park Zoning Board of Adjustment that the developer or property owner
has encountered a condition herein described.
c.
The one (1) year time period shall be tolled only for as long as
the aforementioned conditions of N.J.S.A. 40:55D-21 are in effect
and then only as to the remaining portion of said one (1) year time
period.
Nothing herein shall preclude an extension of said time period
in the discretion of the Zoning Board upon application to said Board
and upon notice to adjacent property owners as requested by N.J.S.A.
40:55D-12.
d.
If a variance is granted in conjunction with minor or major site
plan approval, those time periods relating to work to be performed
pursuant to site plan approval, pursuant to N.J.S.A. 40:55D-1 et seq.,
shall apply to the variance or variances granted in connection therewith.
e.
If a variance is granted in conjunction with preliminary approval
of a major site plan, the applicant may, pursuant to N.J.S.A. 40:55D-49c.,
apply for extensions on said variance for additional periods of at
least one (1) year, but not to exceed a total extension of two (2)
years, provided that if the design standards have been revised by
ordinance, such revised standards may govern.
f.
If a variance is granted in conjunction with a site plan approval,
and final approval is obtained, the developer may obtain an extension
with regard to that variance pursuant to N.J.S.A. 40:55D-52d., if
the developer can prove to the reasonable satisfaction of the Planning
Board that the developer was barred or prevented, directly or indirectly,
from proceeding with the development because of delays in obtaining
legally required approvals from other governmental entities and that
the developer applied promptly for and diligently pursued these approvals.
A developer shall apply for the extension before (1) what would otherwise
be the expiration date of said variance or (2) the 91st day after
the developer receives the last legally required approval from other
governmental entitles, whichever occurs later.
